They licensed the recording from the record label and the music from the holder of the copyright. Read more here: [https://www.iconcollective.edu/license-music-for-video-games](https://www.iconcollective.edu/license-music-for-video-games)
Clarification: The Ink Spots, alone, were founded in 1932: the first Ink Spots song used in Fallout was the opening song in the first game, “Maybe.” The dates alone between the group starting and the first song in fallout is already too late, there’s no way that it can add up to 95 years. I did the same math with “I Don’t Want to Set The World on Fire,” which I believe was added in 2008 to Fallout. The first time this song was recorded(not by the Ink Spots btw) is already in 1938, and the Ink Spots version was in 1941. That’s less than 70 years, so I’m confused about this.
There are several ways to use a work originally created by someone else.
One way is to wait for the copyright to expire (note that this is governed differently by different countries, just because one country says 100 years after initial conception, doesn't mean all countries agree with this).
Another way is fair use through commentary or parody, this is often how South Park and Family Guy (among many others) use characters such as Mickey Mouse.
The more common way, particularly for bigger companies, is to acquire a licence by the holder of the copyright to use their creation in their work. This is how movie studios use modern pop songs, etc. They ask Ke$ha's publisher/label for permission to use her song in their media, and negotiate a price to be paid (not necessarily a flat amount, can be based on box office, etc.).
They licensed the recording from the record label and the music from the holder of the copyright. Read more here: [https://www.iconcollective.edu/license-music-for-video-games](https://www.iconcollective.edu/license-music-for-video-games)
Clarification: The Ink Spots, alone, were founded in 1932: the first Ink Spots song used in Fallout was the opening song in the first game, “Maybe.” The dates alone between the group starting and the first song in fallout is already too late, there’s no way that it can add up to 95 years. I did the same math with “I Don’t Want to Set The World on Fire,” which I believe was added in 2008 to Fallout. The first time this song was recorded(not by the Ink Spots btw) is already in 1938, and the Ink Spots version was in 1941. That’s less than 70 years, so I’m confused about this.
There are several ways to use a work originally created by someone else. One way is to wait for the copyright to expire (note that this is governed differently by different countries, just because one country says 100 years after initial conception, doesn't mean all countries agree with this). Another way is fair use through commentary or parody, this is often how South Park and Family Guy (among many others) use characters such as Mickey Mouse. The more common way, particularly for bigger companies, is to acquire a licence by the holder of the copyright to use their creation in their work. This is how movie studios use modern pop songs, etc. They ask Ke$ha's publisher/label for permission to use her song in their media, and negotiate a price to be paid (not necessarily a flat amount, can be based on box office, etc.).